A CRIME the Threat to Vulnerable Women in Latin America
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WHEN ABORTION IS A CRIME The threat to vulnerable women in Latin America Health. Access. Rights. ISBN: 1–933095–73–3 © Ipas 2013, 2014 Produced in the United States of America Suggested citation: Kane, G., Galli, B., & Skuster, P. (2013). When abortion is a crime: The threat to vulnerable women in Latin America (third ed.) Chapel Hill, NC: Ipas. Ipas is a nonprofit organization that works around the world to increase women’s ability to exercise their sexual and reproductive rights, especially the right to safe abor- tion. We seek to eliminate unsafe abortion and the result- ing deaths and injuries and to expand women’s access to comprehensive abortion care, including contraception and related reproductive health information and care. We strive to foster a legal, policy and social environment sup- portive of women’s rights to make their own sexual and reproductive health decisions freely and safely. Ipas is a registered 501(c)(3) nonprofit organization. All contributions to Ipas are tax deductible to the full extent allowed by law. For more information or to donate to Ipas: Ipas P.O. Box 9990 Chapel Hill, NC 27515 USA 1.919.967.7052 [email protected] www.ipas.org The photographs used in this publication are for illustra- tive purposes only; they do not imply any particular atti- tudes, behaviors, or actions on the part of any person who appears in the photographs. WHEN ABORTION IS A CRIME The threat to vulnerable women in Latin America Authors: Gillian Kane, Senior Policy Advisor, Ipas Beatriz Galli, Latin America Policy Associate, Ipas Patty Skuster, Senior Policy Advisor, Ipas Researchers: Gretzel Brozovitch, Bolivia Consultant Mercedes Cavallo, Argentina Consultant Ana Paula Sciammarella, Brazil Consultant May 2013 Revised, November 2014 ii When Abortion Is a Crime Acknowledgments We would like to express our gratitude to the following people for giving their time and expertise to the development of this report: Katherine Romero, Women’s Link Worldwide Monica Roa, Women’s Link Worldwide Charlotte Hord Smith, Director of Policy, Ipas Barbara Crane, Executive Vice President, Ipas César Quiroga, Ipas Bolivia Malena Morales, Ipas Bolivia Oscar Cabrera, O’Neill Institute for National and Global Health, Georgetown University School of Law Paula Avila, O’Neill Institute for National and Global Health, Georgetown University School of Law Ana S. Alaya, O’Neill Institute for National and Global Health, Georgetown University School of Law Claudia Martin, American University Rossina Guerrero, Promsex Ysabel Marin, Promsex We also would like to acknowledge with appreciation the collaboration of women, judges, prosecutors, legal defense lawyers and police officers who were interviewed and who provided relevant information on how criminal laws are enforced and their human rights and legal implications. The threat to vulnerable women in Latin America iii Table of Contents Executive Summary ......................................................................... 1 Introduction ....................................................................................... 3 Methodology .................................................................................... 4 Findings .............................................................................................. 5 Bolivia.............................................................................................. 5 Brazil ................................................................................................ 7 Argentina ....................................................................................... 9 Human Rights Obligations ............................................................ 11 Conclusion ......................................................................................... 13 Recommendations ........................................................................... 13 References ......................................................................................... 14 Endnotes ............................................................................................ 15 iv When Abortion Is a Crime The threat to vulnerable women in Latin America 1 Executive Summary While abortion is one of the world’s oldest medical Selected findings practices, laws criminalizing abortion are a relatively In Bolivia, police investigations were initiated in 775 new phenomenon. The assumed intent is that the cases from 2008–2012, although relatively few led threat of arrest or imprisonment will prevent women to convictions. Under Bolivian law, women who are from having abortions. But it is clear that criminal pregnant as the result of rape must begin criminal abortion laws do not stop abortion and have devas- proceedings against the perpetrator before they can tating negative effects on women’s lives. request judicial authorization for an abortion. But From 2011 to 2013, Ipas conducted an investigation judges rarely authorize abortions, generally claim- into the enforcement of laws criminalizing abortion ing conscientious objection based on religious and in three South American countries — Bolivia, Brazil moral grounds. In one troubling case, a 28-year-old and Argentina. The project sought to answer some woman in the city of Santa Cruz become pregnant fundamental questions: How many women are being as the result of rape. She attempted to self-induce arrested? How are these laws being enforced? What an abortion and ended up in the hospital with severe is the impact on women, their families and health- complications. While in the hospital, she was re- care providers when the law makes them criminals for ported to the police authorities by her doctor, was terminating a pregnancy? apprehended and handcuffed on charges of illegal abortion. She spent her 10-day hospital stay under This report reveals the varied ways in which the puni- police custody and was then transferred to a prison tive power of the state harms women’s reproductive where she subsequently spent eight months in autonomy, puts them at risk of arrest and impris- preventive detention. onment, and forces health-care providers to make unethical decisions about their patients. In Brazil, between 2007–2011 in Rio de Janeiro state, there were 334 police reports involving women who In Bolivia, Brazil and Argentina, abortion is highly re- had had illegal abortions. Court records from 2007– stricted. In the rare occasions when abortion is legal, 2010 show that 128 women were prosecuted. In one the barriers to access are insurmountably high. These case a woman was arrested in the hospital after barriers include refusal by medical professionals to seeking postabortion care. She was unable to afford provide care, legal requirements necessitating a bail and remained handcuffed to her hospital bed for judge’s authorization before an abortion is permitted, three months. and burdensome waiting periods, among others. This report also examines the human rights violations As a result, women who feel they cannot carry a that occurred when police, in search of abortion law pregnancy to term risk their health and lives by violations, raided a private family planning clinic in resorting to unsafe abortion; they also risk being Mato Grosso do Sul in 2007, confiscating the medi- charged with a crime. cal records of more than 9,600 female patients. This report documents accounts of hundreds of Four staff members at the clinic were prosecuted for women and health-care providers who have been participating in abortions and received prison sen- reported, arrested, charged, detained and some- tences ranging from four to seven years. times imprisoned for violating abortion-related laws. In Argentina, 417 sentences for the crime of abortion It is based on both quantitative and qualitative data, were identified during the period from 1990 to 2008, mainly focused on the period between 2006 and the majority against women seeking abortions and 2012. It includes statistics from police archives and unskilled individuals who were providing services. In judicial records; media reports; medical records; in- 2011, there was an exceptional case, according to depth interviews with women and agents of the state; records, involving a female physician, mother of two, and analysis of judicial proceedings. who was reported and spent more than a year under It is the first in a series that Ipas will issue on the the threat of criminal action for prescribing misopros- impact of criminalization of abortion in countries tol, a medication recommended by the World Health around the world. Organization for the termination of pregnancy. Finally, 2 When Abortion Is a Crime the case was closed, but the physician had to suffer Recommendations the stigma and uncertainty of an open criminal action In light of these findings, Ipas recommends that all against her for more than a year. governments with restrictive laws take steps to: Human rights obligations • Remove abortion from criminal or penal codes and treat it as any other health-care service These cases and others documented in this report clearly demonstrate that criminalization of abortion • Eliminate barriers to access to safe and legal raises significant human rights as well as ethical and abortion public health concerns. When women and, in some • Educate the judiciary, police and health sectors on cases, the health-care providers who assist them, sexual and reproductive rights and how to imple- become targets of enforcement, they often are ment laws in accordance with these rights. stripped of their rights to